Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
provide forthwith an alternative procedure for the attorney general to review
zoning by-laws,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

Notwithstanding the provisions of the preceding paragraph, if the attorney
general finds there to be any defect in the procedure of adoption or amendment
of any zoning by-law relating to form or content of the notice of the planning
board hearing prescribed in section 5 of chapter 40A, or to the manner or
dates on which said notice is mailed, posted or published as required by said
section 5,
then instead of disapproving the by-law or amendment because of any such
defect, the attorney general may proceed under
the provisions of this
paragraph. If the attorney general so elects, written notice shall be sent to
the town clerk within a reasonable time setting forth with specificity the
procedural defect or defects found, including a form of notice thereof,
whereupon the running of the 90-day period provided for the attorney general's
review pursuant to this section shall be suspended. The town clerk shall
forthwith
post the notice in a conspicuous place in the town hall for a period of not
less than
14 days, and shall publish it once in a newspaper of general circulation in
the town. The notice shall state that any resident, the owner of any real
property in the town, or any other party entitled to notice of the planning
board hearing, who claims that any such defect was misleading or was otherwise
prejudicial may, within 21 days of the publication, file with the town clerk a
written notice so stating and setting forth the reasons supporting that claim.
Forthwith after the expiration of said 21 days, the town clerk shall submit
to the attorney general either (a) a certificate stating that no claim was
filed within the 21 day period, or (b) a certificate stating that one or more
claims were filed together with copies thereof. Upon receipt of the town
clerk's certificate, the 90-day period provided for the attorney general's
review pursuant to this section shall resume; but if the expiration of the
90-day period is less than ten days from the date on which the town clerk's
certificate was received, then the review period shall be extended to the tenth
day following such receipt. If no claim was made,
the attorney general may waive any such defect; but, if any claim is made
then the attorney general may not waive any such
defect. However, by not filing a claim under this paragraph, a person shall
not
be deprived of the right to assert a claim of invalidity arising out of
any possible defect in the procedure of adoption or amendment as provided in
this section and in section 5 of chapter 40A.

Notwithstanding the provisions of the first paragraph of this section,
the
attorney general and the town counsel may, by an agreement in writing setting
forth the reasons therefor and filed with the town clerk before the end of
the 90-day period, extend the 90-day period provided for the attorney general's
review pursuant to this section for not more than an additional 90 days.